THE DELHI SCHOOL EDUCATION ACT, 1973 

_________ 

ARRANGEMENT OF SECTIONS 

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 

__________ 

CHAPTER I 

PRELIMINARY 

CHAPTER II 

ESTABLISHMENT, RECOGNITION, MANAGEMENT OF, AND AID TO, SCHOOLS 

3. Power of Administrator to regulate education in schools. 
4. Recognition of schools. 
5. Scheme of management. 
6. Aid to recognised schools. 

CHAPTER III 

SCHOOL PROPERTY 

7. School property. 

CHAPTER IV 
TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES OF RECOGNISED PRIVATE SCHOOLS 

8. Terms and conditions of service of employees of recognised private schools. 
9. Employees to be governed by a Code of Conduct. 
10. Salaries of employees 
11. Tribunal. 
12. Chapter not to apply to unaided minority school. 

CHAPTER V 

PROVISIONS APPLICABLE TO UNAIDED MINORITY SCHOOLS 

13. Power to prescribe minimum qualifications for recruitment. 
14. Power to prescribe Code of Conduct. 
15. Contract of service. 

CHAPTER VI 

ADMISSION TO SCHOOLS AND FEES 

16. Admission to recognised schools. 
17. Fees and other charges. 
18. School Fund. 
19. Affiliations. 

CHAPTER VII 

TAKING OVER THE MANAGEMENT OF SCHOOLS 

20. Taking over the management of schools. 
21. Section 20 not to apply to minority schools. 

1 

CHAPTER VIII 

MISCELLANEOUS 

SECTIONS 

22. Delhi Schools Education Advisory Board. 
23. Delegation of powers. 
24. Inspection of schools. 
25. Jurisdiction of civil courts barred. 
26. Protection of action taken in good faith. 
27. Liability of manager to punishment. 
28. Power to make rules. 
29. Power to remove difficulties. 

2 

 
THE DELHI SCHOOL EDUCATION ACT, 1973 

ACT NO. 18 OF 1973 

An  Act  to  provide  for  better  organisation  and  development  of  school  education  in  the  Union 

territory of Delhi and for matters connected therewith or incidental thereto. 

BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:— 

[9th April, 1973.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Delhi School Education 

Act, 1973. 

(2) It extends to the whole of the Union territory of Delhi. 

(3)  It  shall  come  into  force  on  such  date  as  the  Administrator  may,  by  notification,  appoint  and 
different  dates1 may  be  appointed  for  different  provisions  of  this  Act,  and  any  reference  to  the 
commencement  of  this  Act  in  relation  to  any  provision  thereof  shall  be construed  as  a reference  to the 
date on which that provision comes into force. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “Administrator”  means  the  Administrator  of  the  Union  territory  of  Delhi  appointed  by  the 

President under article 239 of the Constitution; 

(b) “Advisory Board” means the Board referred to in section 22; 

(c)  “aid”  means  any  aid  granted  to  a  recognised  school  by  the  Central  Government, 
Administrator,  a  local  authority  or  any  other  authority  designated  by  the  Central  Government, 
Administrator or a local authority; 

(d)  “aided  school”  means  a  recognised  private  school  which  is  receiving  aid  in  the  form  of 
maintenance  grant  from  the  Central  Government,  Administrator  or  a  local  authority  or  any  other 
authority designated by the Central Government, Administrator or a local authority; 

(e) “appropriate authority” means,— 

(i)  in  the  case  of  a  school  recognised  or  to  be  recognised  by  an  authority  designated  or 

sponsored by the Central Government, that authority; 

(ii) in the case of a school recognised or to be recognised by the Delhi Administration, the 

Administrator or any other officer authorised by him in this behalf; 

(iii) in the case of a school recognised or to be recognised by the Municipal Corporation of 

Delhi, that Corporation; 

(iv) in the case of any other school, the Administrator or any other officer authorised by him 

in this behalf; 

(f) “Delhi” means the Union territory of Delhi; 

(g) “Director” means the Director of Education, Delhi, and includes any other officer authorised 

by him to perform all or any of the functions of the Director under this Act; 

(h)  “employee”  means  a  teacher  and  includes  every  other  employee  working  in  a  recognised 

school; 

1.  28th  April,  1973,  vide  notification  of  the  Delhi  Administration  in  the  Education  Deptt.  No.  F.  5/15/72-Education                              

dated 28th April, 1973, in respect of the provisions except Chapters II to V (both inclusive), sections 16, 17, 18, 22 and 27). 

   31st December, 1973, vide notification No. F. 5/15/72-Education (i), dated 31st December, 1973, Delhi Gazette, Extraordinary, 

Pt. IV, dated 31st December, 1973, in respect of Chapters II to V (both inclusive), sections, 16, 17, 18, 22 and 27,  

3 

                                                           
 
(i) “existing employee” means an employee of an existing school who is employed in such school 
immediately before the commencement of this Act, and includes an employee who was employed in 
such  school  for  a  period  of  not  less  than  twelve  months  immediately  preceding  the  2nd  day  of 
September, 1972; 

(j)  “existing  school”  means  a  recognised  private  school  which  is  in  existence  at  the 

commencement of this Act; 

(k)  “Head  of  school”  means  the  principal  academic  officer,  by  whatever  name  called,  of  a 

recognised school; 

(l) “local authority” means,— 

(i) in relation to an area within the local limits of the Municipal Corporation of Delhi, that 

Corporation; 

(ii) in relation to an area within the local limits of the New Delhi Municipal Committee, that 

Committee; 

(iii) in relation to an area within the local limits of the Delhi Cantonment Board, that Board; 

(m)  “manager”,  in  relation  to  a  school,  means  the  person,  by  whatever  name  called,  who  is 
entrusted,  either  on  the  date  on  which  this  Act  comes  into  force  or,  as  the  case  may  be,  under  a 
scheme of management made under section 5, with the management of the affairs of that school; 

(n) “managing committee” means the body of individuals who are entrusted with the management 

of any recognised private school; 

(o) “minority school” means a school established and administered by a minority having the right 

to do so under clause (1) of article 30 of the Constitution; 

(p) “notification” means a notification published in the Official Gazette; 

(q) “prescribed” means prescribed by rules made under this Act; 

(r) “private school” means a school which is not run by the Central Government, Administrator, a 
local  authority  or  any  other  authority  designated  or  sponsored  by  the  Central  Government, 
Administrator or a local authority; 

(s)  “public  examination”  means  an  examination  conducted  by  the  Central  Board  of  Secondary 
Education,  Council  for  Indian  School  Certificate  Examinations  or  any  other  Board  which  may 
hereafter  be  established  for  the  purpose,  and  recognised  by  the  Administrator  or  any  other  officer 
authorised by him in this behalf; 

(t) “recognised school” means a school recognised by the appropriate authority; 

(u)  “school”  includes  a  pre-primary,  primary,  middle  and  higher  secondary  school,  and  also 
includes any other institution which imparts education or training below the degree level, but does not 
include an institution which imparts technical education; 

(v)  “school  property”  means  all  movable  and  immovable  property  belonging  to,  or  in  the 
possession  of,  the  school  and  all  other  rights  and  interests  in,  or  arising  out  of,  such  property,  and 
includes land, building and its appurtenances, playgrounds, hostels, furniture, books, apparatus, maps, 
equipment, utensils, cash, reserve funds investments and bank balances; 

(w) “teacher” includes the Head of a school; 

(x)  “unaided  minority  school”  means  a  recognised  minority  school  which  does  not  receive  any 

aid. 

ESTABLISHMENT, RECOGNITION, MANAGEMENT OF, AND AID TO, SCHOOLS 

CHAPTER II 

3. Power of Administrator to regulate education in schools.—(1) The Administrator may regulate 
education  in  all  the  schools  in  Delhi  in  accordance  with  the  provisions  of  this  Act  and  the  rules  made 
thereunder. 

4 

 
 
(2) The Administrator may establish and maintain any school in Delhi or may permit any person or 
local authority to establish and maintain any school in Delhi, subject to compliance with the provisions of 
this Act and the rules made thereunder. 

(3) On and from the commencement of this Act and subject to the provisions of clause (1) of article 
30 of the Constitution, the establishment of a new school or the opening of a higher class or the closing 
down of an existing class in any existing school in Delhi shall be subject to the provisions of this Act and 
the  rules  made  thereunder  and  any  school  or  higher  class  established  or  opened  otherwise  than  in 
accordance with the provisions of this Act shall not be recognised by the appropriate authority. 

4. Recognition of schools.—(1) The appropriate authority may, on an application made to it in the 

prescribed form and in the prescribed manner, recognise any private school: 

Provided that no school shall be recognised unless— 

(a)  it  has  adequate  funds  to  ensure  its  financial  stability  and  regular  payment  of  salary  and 

allowances to its employees; 

(b) it has a duly approved scheme of management as required by section 5; 

(c) it has suitable or adequate accommodation and sanitary facilities having regard, among other 

factors, to the number, age and sex of the pupils attending it; 

(d) it provides for approved courses of study and efficient instruction; 

(e) it has teachers with prescribed qualifications; and 

(f)  it  has  the  prescribed  facilities  for  physical  education,  library  service,  laboratory  work, 

workshop practice or co-curricular activities. 

(2)  Every  application  for  recognition  of  a  school  shall  be  entertained  and  considered  by  the 
appropriate authority and the decision thereon shall be communicated to the applicant within a period of 
four  months  from  the  date  of  the  receipt  of  the  application;  and  where  recognition  is  not  granted,  the 
reasons  for  not  granting  such  recognition  shall  also  be  communicated  to  the  applicant  within  the  said 
period. 

(3) Where recognition to a school is refused, any person aggrieved by such refusal may, within thirty 
days  from  the  date  of  communication  to  him,  of  such  refusal,  appeal  against  such  refusal,  in  the 
prescribed manner, to the prescribed authority and the decision of the prescribed authority thereon shall 
be final: 

Provided  that  the  prescribed  authority  may,  if  it  is  satisfied  that  the  appellant  was  prevented  by 
sufficient cause from preferring the appeal within the said period of thirty days, extend, for reasons to be 
recorded by it in writing, the said period by a further period of sixty days. 

(4)  Where  the  managing  committee  of  a  school  obtains  recognition  by  fraud,  misrepresentation  or 
suppression of material particulars, or where, after obtaining recognition, the school fails to continue to 
comply with any of the conditions specified in the proviso to sub-section (1), the authority granting the 
recognition may, after giving the managing committee of the school a reasonable opportunity of showing 
cause against the proposed action, withdraw the recognition granted to such school under sub-section (1). 

(5) The recognition granted under sub-section (1) shall not, by itself, entitle any school to receive aid. 

(6)  Every  existing  school  shall  be  deemed  to  have  been  recognised  under  this  section  and  shall  be 

subject to the provisions of this Act and the rules made thereunder: 

Provided that where any such school does not satisfy any of the conditions specified in the proviso to 
sub-section (1), the prescribed authority may require the school to satisfy such conditions and such other 
conditions  as  may  be  prescribed,  within  a  specified  period  and  if  any  such  condition  is  not  satisfied, 
recognition may be withdrawn from such school. 

5 

(7)  Every  school,  whose  recognition  is  withdrawn  under  sub-section  (4)  or  sub-section  (6),  may 
appeal  to  the  prescribed  authority,  who  shall  dispose  of  the  appeal  within  six  months  from  the  date  of 
presentation  of  the  appeal  in  such  manner  as  may  be  prescribed,  and  if  the  appeal  is  not  disposed  of 
within that period, the order for the withdrawal of recognition shall, on the expiry of the said period of six 
months, stand cancelled. 

(8) On hearing an appeal preferred under sub-section (3) or sub-section (7), the prescribed authority 
may, after giving the appellant a reasonable opportunity of being heard, confirm, modify or reverse the 
order appealed against. 

5. Scheme of management.—(1) Notwithstanding anything contained in any other law for the time 
being in force or in any instrument having effect by virtue of any such law, the managing committee of 
every  recognised  school  shall  make,  in  accordance  with  the  rules  made  under  this  Act  and  with  the 
previous approval of the appropriate authority, a scheme of management for such school: 

Provided that in the case of a recognised private school which does not receive any aid, the scheme of 

management shall apply with such variations and modifications as may be prescribed: 

Provided further that so much of this sub-section as relates to the previous approval of the appropriate 

authority, shall not apply to a scheme of management for an unaided minority school. 

(2)  A  scheme  may  be  made,  in  like  manner,  to  add  to,  vary  or  modify  any  scheme  made  under                

sub-section (1). 

6. Aid to recognised schools.—(1) The Central Government may, after due appropriation made by 
Parliament  by  law  in  this  behalf  and  subject  to  such  conditions  as  may  be  prescribed,  pay  to  the 
Administrator, for distribution of aid to recognised private schools, not being primary schools recognised 
by a local authority, such sums of money as that Government may consider necessary: 

Provided  that  no  existing  school  receiving,  immediately  before  the  commencement  of  this  Act,  aid 
shall be eligible for the continuance of such aid unless it complies, within such period as may be specified 
by the Director, with the conditions specified in the proviso to sub-section (1) of section 4. 

(2) The authority competent to grant the aid may stop, reduce or suspend aid for violation of any of 

the conditions prescribed in this behalf. 

(3) The aid may cover such part of the expenditure of the school as may be prescribed. 

(4) No payment, out of the aid given for salary, allowances and provident fund of employees of the 

school, shall be made for any other purpose. 

(5) No aid shall be given to a school the management of which has been taken over under section 20. 

(6)  No  unrecognised  school  shall  be  eligible  to  receive  any  aid  or  any  benefit  made  available  to 

private schools by the Administrator or any agency of the Administrator. 

CHAPTER III 

SCHOOL PROPERTY 

7.  School  property.—(1)  The  management  of  every  aided  school  shall  furnish  to  the  appropriate 
authority,  initially,  at  the  time  of  grant  of  aid  and  thereafter  annually,  a  statement  containing  a  list  of 
school property together with such particulars as may be prescribed. 

(2)  Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  no  transfer, 
mortgage  or  lease  of  any  movable  or  immovable  property  of  an  aided  school,  not  being  the  property 
specified in the rules, shall be made except with the previous permission of the appropriate authority: 

Provided  that  where  the  appropriate  authority  omits  or  fails  to  dispose  of  the  application  for  such 
permission  within  sixty  days  from  the  date  of  receipt  of  the  application  in  this  behalf,  the  permission 
shall, on the expiry of the said period of sixty days, be deemed to have been granted. 

6 

(3) Any person aggrieved by the grant or refusal of permission under sub-section (2) may prefer, in 
such form and within such time as may be prescribed, appeal to the Administrator against such grant or 
refusal of permission and the decision of the Administrator thereon shall be final. 

(4) Any transaction made in contravention of the provisions of sub-section (2), or, as the case may be, 

decision of the Administrator, shall be void. 

CHAPTER IV 

TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES OF RECOGNISED PRIVATE SCHOOLS 

8.  Terms  and  conditions  of  service  of  employees  of  recognised  private  schools.—(1)  The 
Administrator may make rules regulating the minimum qualifications for recruitment, and the conditions 
of service, of employees of recognised private schools: 

Provided that neither the salary nor the rights in respect of leave of absence, age of retirement and 
pension of an employee in the employment of an existing school at the commencement of this Act shall 
be varied to the disadvantage of such employee: 

Provided further that every such employee shall be entitled to opt for terms and conditions of service 

as they were applicable to him immediately before the commencement of this Act. 

(2) Subject to any rule that may be made in this behalf, no employee of a recognised private school 
shall be dismissed, removed or reduced in rank nor shall his service be otherwise terminated except with 
the prior approval of the Director. 

(3) Any employee of a recognised private school who is dismissed, removed or reduced in rank may, 
within three months from the date of communication to him of the order of such dismissal, removal or 
reduction in rank, appeal against such order to the Tribunal constituted under section 11. 

(4)  Where  the  managing  committee  of  a  recognised  private  school  intends  to  suspend  any  of  its 
employees, such intention shall be communicated to the Director and no such suspension shall be made 
except with the prior approval of the Director: 

Provided that the managing committee may suspend an employee with immediate effect and without 
the prior approval of the Director if it is satisfied that such immediate suspension is necessary by reason 
of the gross misconduct, within the meaning of the Code of Conduct prescribed under section 9, of the 
employee: 

Provided further that no such immediate suspension shall remain in force for more than a period of 
fifteen days from the date of suspension unless it has been communicated to the Director and approved by 
him before the expiry of the said period. 

(5) Where the intention to suspend, or the immediate suspension of, an employee is communicated to 
the Director, he may, if he is satisfied that there are adequate and reasonable grounds for such suspension, 
accord his approval to such suspension. 

9. Employees to be governed by a Code of Conduct.—Every employee of a recognised school shall 
be governed by such Code of Conduct as may be prescribed and on the violation of any provision of such 
Code of Conduct, the employee shall be liable to such disciplinary action as may be prescribed. 

10.  Salaries  of  employees.—(1)  The  scales  of  pay  and  allowances,  medical  facilities,  pension, 
gratuity,  provident  fund  and  other  prescribed  benefits  of  the  employees  of  a  recognised  private  school 
shall not be less than those of the employees of the corresponding status in schools run by the appropriate 
authority: 

Provided that where the scales of pay and allowances, medical facilities, pension, gratuity, provident 
fund and other prescribed benefits of the employees of any recognised private school are less than those 
of  the  employees  of  the  corresponding  status  in  the  schools  run  by  the  appropriate  authority,  the 
appropriate authority shall direct, in writing, the managing committee of such school to bring the same up 
to  the  level  of  those  of  the  employees  of  the  corresponding  status  in  schools  run  by  the  appropriate 
authority: 

7 

Provided further that the failure to comply with such direction shall be deemed to be non-compliance 
with the conditions for continuing recognition of an existing school and the provisions of section 4 shall 
apply accordingly. 

(2) The managing committee of every aided school shall deposit, every month, its share towards pay 
and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits with the 
Administrator  and  the  Administrator  shall  disburse,  or  cause  to  be  disbursed,  within  the  first  week  of 
every month, the salaries and allowances to the employees of the aided schools. 

11. Tribunal.—(1) The Administrator shall, by notification, constitute a Tribunal, to be known as the 

“Delhi School Tribunal”, consisting of one person: 

Provided  that  no  person  shall  be  so  appointed  unless  he  has  held  office  as  a  District  Judge  or  any 

equivalent judicial office. 

(2) If any vacancy, other than a temporary absence, occurs in the office of the presiding officer of the 
Tribunal,  the  Administrator  shall  appoint  another  person,  in  accordance  with  the  provisions  of  this 
section, to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at 
which the vacancy is filled. 

(3)  The  Administrator  shall  make  available  to  the  Tribunal  such  staff  as  may  be  necessary  in  the 

discharge of its functions under this Act. 

(4) All expenses incurred in connection with the Tribunal shall be defrayed out of the Consolidated 

Fund of India. 

(5)  The  Tribunal  shall  have  power  to  regulate  its  own  procedure  in  all  matters  arising  out  of  the 

discharge of its functions including the place or places at which it shall hold its sittings. 

(6) The Tribunal shall for the purpose of disposal of an appeal preferred under this Act have the same 
powers as are vested in a court of appeal by the Code of Civil Procedure, 1908 (5 of 1908) and shall also 
have the power to stay the operation of the order appealed against on such terms as it may think fit. 

12.  Chapter  not  to  apply  to  unaided  minority  school.—Nothing  contained  in  this  Chapter  shall 

apply to an unaided minority school. 

CHAPTER V 

PROVISIONS APPLICABLE TO UNAIDED MINORITY SCHOOLS 

13. Power to prescribe minimum qualifications for recruitment.—The Administrator may  make 
rules  regulating  the  minimum  qualifications  for,  and  method  of,  recruitment  of  employees  of  unaided 
minority schools: 

Provided  that  no  qualification  shall  be  varied  to  the  disadvantage  of  an  existing  employee  of  an 

unaided minority school. 

14. Power to prescribe Code of Conduct.—Every employee of an unaided minority school shall be 

governed by such Code of Conduct as may be prescribed. 

15. Contract of service.—(1) The managing committee of every unaided minority school shall enter 

into a written contract of service with every employee of such school: 

Provided that if, at the commencement of this Act, there is no written contract of service in relation to 
any existing employee of an unaided minority school, the managing committee of such school shall enter 
into such contract within a period of three months from such commencement: 

Provided further that no contract referred to in the foregoing proviso shall vary to the disadvantage of 
any existing employee the term of any contract subsisting at the commencement of this Act between him 
and the school. 

(2)  A  copy  of  every  contract  of  service  referred  to  in  sub-section  (1)  shall  be  forwarded  by  the 
managing committee of the concerned unaided minority school to the Administrator who shall, on receipt 
of such copy, register it in such manner as may be prescribed. 

8 

(3)  Every  contract  of  service  referred  to  in  sub-section  (1)  shall  provide  for  the  following  matters, 

namely:— 

(a)  the  terms  and  conditions  of  service  of  the  employee,  including  the  scale  of  pay  and  other 

allowances to which he shall be entitled; 

(b) the leave of absence, age of retirement, pension and gratuity, or, contributory provident fund 
in  lieu  of  pension  and  gratuity,  and  medical  and  other  benefits  to  which  the  employee  shall  be 
entitled; 

(c)  the  penalties  which  may  be  imposed  on  the  employee  for  the  violation  of  any  Code  of 

Conduct or the breach of any term of the contract entered into by him; 

(d) the manner in which disciplinary proceedings in relation to the employee shall be conducted 
and the procedure which shall be followed before any employee is dismissed, removed from service 
or reduced in rank; 

(e) arbitration of any dispute arising out of any breach of contract between the employee and the 

managing committee with regard to— 

(i) the scales of pay and other allowances, 

(ii) leave of absence, age of retirement, pension, gratuity, provident fund, medical and other 

benefits, 

(iii) any disciplinary action leading to the dismissal or removal from service or reduction in 

rank of the employee; 

(f)  any  other  matter  which,  in the  opinion  of the  managing  committee,  ought  to  be,  or  may  be, 

specified in such contract. 

CHAPTER VI 

ADMISSION TO SCHOOLS AND FEES 

16. Admission to recognised schools.—(1) A child who has not attained the age of five years, shall 

not be admitted to class I, or an equivalent class or any class higher than class I, in a recognised school. 

(2) A student seeking admission for the first time in a recognised school in a class higher than class I 
shall  not  be  admitted  to  that  class  if  his  age  reduced  by  the  number  of  years  of  normal  school  study 
between that class and class I or an equivalent class, falls short of five years. 

(3) Admission to a recognised school or to any class thereof shall be regulated by rules made in this 

behalf. 

17. Fees and other charges.—(1) No aided school shall levy any fee or collect any other charge or 

receive any other payment except those specified by the Director. 

(2) Every aided school having different rates of fees or other charges or different funds shall obtain 
prior approval of the prescribed authority before levying such fees or collecting such charges or creating 
such funds. 

(3)  The  manager  of  every  recognised  school  shall,  before  the  commencement  of  each  academic 
session, file with the Director a full statement of the fees to be levied by such school during the ensuing 
academic session, and except with the prior approval of the Director, no such school shall charge, during 
that academic session, any fee in excess of the fee specified by its manager in the said statement. 

18. School Fund.—(1) In every aided school, there shall be a fund, to be called the “School Fund”, 

and there shall be credited thereto— 

(a) any aid granted by the Administrator, 

(b) income accruing to the school by way of fees, charges or other payments, and 

(c) any other contributions, endowments and the like. 

9 

(2) The School Fund and all other funds, including the Pupils’ Fund, established with the approval of 

the Administrator, shall be accounted for and operated in accordance with the rules made under this Act. 

(3) In every recognised unaided school, there shall be a fund, to be called the  “Recognised Unaided 

School Fund”, and there shall be credited thereto income accruing to the school by way of— 

(a) fees, 

(b) any charges and payments which may be realised by the school for other specific purposes, 

and 

(c) any other contributions, endowments, gifts and the like, 

(4) (a) Income derived by unaided schools by way of fees shall be utilised only for such educational 

purposes as may be prescribed; and 

(b) charges and payments realised and all other contributions, endowments and gifts received by the 

school shall be utilised only for the specific purpose for which they were realised or received. 

(5)  The  managing  committee  of  every  recognised  private  school  shall  file  every  year  with  the 
Director such duly audited financial and other returns as may be prescribed, and every such  return shall 
be audited by such authority as may be prescribed. 

19. Affiliations.—(1) For the purpose of any public examination every recognised higher secondary 
school shall be affiliated to one or more of the Boards or Council conducting such examination and shall 
fulfil the conditions specified by the Board or Council in this behalf. 

(2) The students of recognised higher secondary schools shall be prepared for, and presented to, the 

public examinations or such other form of evaluation held or made for the students of such schools. 

(3)  The  students  of  every  recognised  middle  school  shall  be  prepared  for,  and  presented  to,  such 
public  examination  as  may  be  held  by  the  Directorate  of  Education,  Delhi,  for  the  students  of  such 
schools. 

(4) Every student of a recognised primary school shall be prepared for, and presented to, the public 
examination  held  by  a  local  authority  competent  to  hold  such  examination  for  the  students  of  such 
schools. 

CHAPTER VII 

TAKING OVER THE MANAGEMENT OF SCHOOLS 

20. Taking over the management of schools.—(1) Whenever the Administrator is satisfied that the 
managing committee or manager of any school, whether recognised or not, has neglected to perform any 
of the duties imposed on it by or under this Act or any rule made thereunder and that it is expedient in the 
interests  of  school  education  to  take  over  the  management  of  such  school,  he  may,  after  giving  the 
managing committee or the manager of such school, a reasonable opportunity of showing cause against 
the proposed action, take over the management of such school for a limited period not exceeding three 
years: 

Provided that where the management of a school has been taken over for a period of three years or 
less, the Administrator may, if he is of opinion that in order to secure proper management of the school it 
is  expedient  that  such  management  should  continue  to  be  in  force  after  the  expiry  of  the  said  limited 
period,  he  may,  from  time  to  time,  issue  directions  for  the  continuance  of  such  management  for  such 
period not exceeding one year at a time as he may think fit, so, however, that the total period for which 
such management is taken over shall not, in any case, exceed five years. 

(2)  Whenever  the  management  of  any  school  is  taken  over  under  sub-section  (1),  every  person  in 
charge of the management of such school immediately before its management is taken over, shall deliver 
possession of the school property to the Administrator or any officer authorised by him in this behalf. 

(3) After taking over the management of any school under this section, the Administrator may arrange 
to manage the school through the Director or any other person authorised by the Director in this behalf 
(hereinafter referred to as the “authorised officer”). 

10 

(4) Where the management of any school has been  taken over under sub-section (1), the managing 
committee or manager of such school may, within three months from the date of taking over, appeal to 
the Administrator, who may after considering the representation made by the managing committee or the 
manager, pass such orders, including an order for the restoration of the management or for the reduction 
of the period during which the management of such school shall remain vested in the Administrator, as he 
may deem fit. 

(5) Where the management of a school has been taken over under this section, the Administrator shall 
pay such rent as may be payable for the building of the school to the person entitled to receive it as was 
being  paid  by  the  managing  committee  or  the  manager  immediately  before  the  management  of  such 
school was taken over. 

(6) During such period as any school remains under the management of the authorised officer— 

(a) the service conditions, as approved by the Administrator, of the employees of the school who 
were in employment immediately before the date on which the management was taken over, shall not 
be varied to their disadvantage; 

(b)  all  educational  facilities  which  the  school  had  been  affording  immediately  before  such 

management was taken over, shall continue to be afforded; 

(c)  the  School  Fund,  the  Pupils’  Fund  and  the  Management  Fund  and  any  other  existing  fund 
shall continue to be available to the authorised officer for being spent for the purposes of the school; 
and 

(d) no resolution passed at any meeting of the managing committee of such school shall be given 

effect to unless approved by the Administrator. 

21.  Section  20  not to  apply  to minority  schools.—Nothing  contained in  section  20  shall apply  to 

any minority school. 

CHAPTER VIII 

MISCELLANEOUS 

22.  Delhi  Schools  Education  Advisory  Board.—(1)  There  shall  be  an  Advisory  Board  for  school 
education,  to  be  called  the  “Delhi  School  Education  Advisory  Board”  for  the  purpose  of  advising  the 
Administrator on matters of policy relating to education in Delhi. 

(2) The Advisory Board shall be constituted by the Administrator and shall consist of a Chairman and 

fourteen other members, to be nominated by the Administrator. 

(3) The Advisory Board constituted under sub-section (2) shall include— 

(a) Heads of recognised private schools; 

(b) representatives of the organisations of teachers of the recognised private schools; 

(c) managers of the recognised private schools; 

(d) representatives of parents or guardians of students of recognised private schools; and 

(e) eminent educationists. 

(4) The Advisory Board shall regulate its own procedure. 

(5) The terms of office of every member of the Board and travelling and other allowances payable to 

a member of the Board shall be such as may be prescribed. 

23. Delegation of powers.—(1) The Administrator may delegate all or any of his powers, duties and 

functions under this Act to the Director or any other officer. 

(2) Every person to whom any power is delegated under sub-section (1), may exercise that power in 
the same manner and with the same effect as if such power had been conferred on him directly by this Act 
and not by way of delegation. 

11 

24.  Inspection  of  schools.—(1)  Every  recognised  school  shall  be  inspected  at  least  once  in  each 

financial year in such manner as may be prescribed. 

(2) The Director may also arrange special inspection of any school on such aspects of its working as 

may, from time to time, be considered necessary by him. 

(3) The Director may give directions to the manager requiring the manager to rectify any defect or 

deficiency found at the time of inspection or otherwise in the working of the school. 

(4) If the manager fails to comply with any direction given under sub-section (3), the Director may, 
after considering the explanation or report, if any, given or made by the manager, take such action as he 
may think fit, including— 

(a) stoppage of aid, 

(b) withdrawal of recognition, or 

(c) except in the case of a minority school, taking over of the school under section 20. 

25.  Jurisdiction  of  civil  courts  barred.—No  civil  court  shall  have  jurisdiction  in  respect  of  any 
matter  in  relation  to  which  the  Administrator  or  the  Director  or  any  other  person  authorised  by  the 
Administrator or Director or any other officer or authority appointed or specified by or under this Act, is 
empowered by or under this Act to exercise any power, and no injunction shall be granted by any civil 
court in respect of anything which is done or intended to be done by or under this Act. 

26. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Administrator, Director or any other person authorised by the Administrator or Director for 
anything which is in good faith done or intended to be done in pursuance of this Act or any rule made 
thereunder. 

27. Liability of manager to punishment.—If the manager of any recognised private school.— 

(a) omits or fails, without any reasonable excuse, to carry out any orders made by the Tribunal, or 

(b)  presents  any  student  for  any  public  examination  without  complying  with  the  provisions  of 

section 19, or 

(c) omits or fails to deliver any school property to the Administrator or any officer authorised by 

him under sub-section (2) of section 20, 

he shall be punished with imprisonment for a term which may extend to three months, or with fine which 
may extend to one thousand rupees, or with both. 

28.  Power  to  make  rules.—(1)  The  Administrator  may,  with  the  previous  approval  of  the  Central 
Government, and subject to the condition of previous publication, by notification, make rules to carry out 
the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the manner in which education may be regulated by the Administrator in Delhi; 

(b) the conditions which every existing school shall be required to comply; 

(c)  establishment  of  a  new  school  or  the  opening  of  a  higher  class  or  the  closing  down  of  an 

existing class in an existing school; 

(d) the form and manner in which an application for recognition of a school shall be made; 

(e) the facilities to be provided by a school to obtain recognition; 

(f) the manner in which, and the authority to which, an appeal against the refusal or withdrawal of 

recognition shall be made; 

(g) the minimum qualifications for, and method of recruitment, and the terms and conditions of 

service of employees; 

12 

(h) the authorities to be specified for the purposes of the different provisions of this Act; 

(i) the particulars which a scheme of management shall contain, and the manner in which such 

scheme shall be made; 

(j)  variations  and  modifications  which  may  be  made  in  the  scheme  of  management  for  a 

recognised school which does not receive any aid; 

(k) the conditions under which aid may be granted to recognised schools, and on the violation of 

which aid may be stopped, reduced or suspended; 

(l) the part of the expenditure of a recognised school which is to be covered by aid; 

(m) particulars of school property which should be furnished to the appropriate authority; 

(n)  the  form  in  which,  and  the  time  within  which,  an  appeal  shall  be  preferred  to  the 
Administrator  against  an  order  made  in  relation  to  the  transfer,  mortgage  or  lien  of  any  school 
property; 

(o)  the  Code  of  Conduct  for  the  employees  and  the  disciplinary  action  to  be  taken  for  the 

violation thereof; 

(p) the benefits which should be granted to the employees of recognised private schools; 

(q) admissions to a recognised school; 

(r) fees and other charges which may be collected by an aided school; 

(s) the manner of inspection of recognised schools; 

(t)  the  term  of  office,  travelling  and  other  allowances  payable  to  the  members  of  the  Advisory 

Board; 

(u)  financial  and  other  returns  to  be  filed  by  the  managing  committee  of  recognised  private 

schools, and the authority by which such returns shall be audited; 

(v)  educational  purposes  for  which  the  income  derived  by  way  of  fees  by  recognised  unaided 

schools shall be spent; 

(w) manner of accounting and operation of school funds and other funds of a recognised private 

school; 

(x) fees, not exceeding one rupee, for preferring any appeal under this Act; 

(y) any other matter which is to be, or may be, prescribed under this Act. 

(3)  Every  rule  made  under  this  Act  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be, so, however, that any such modification or 
annualment shall be without prejudice to the validity of anything previously done under that rule. 

29. Power to remove difficulties.—If  any difficulty arises in giving effect to the provisions of this 
Act, the Central Government may, by order not inconsistent with the provisions of this Act, remove the 
difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  two  years  from  the 

commencement of this Act. 

13 

